Court Strikes Out Suit Against Imo Governor Over Appointment of Chief Judge
The Federal High Court, Abuja Division, presided over by Justice Mohammed Umar, has struck out a suit filed by legal practitioner Victor Nwadike against Governor Hope Uzodinma of Imo State, challenging the governor’s alleged refusal to appoint the most senior judge of the Imo State High Court as Acting Chief Judge.
Delivering judgment on Tuesday, Justice Umar held that the court lacked jurisdiction to entertain the matter, citing the improper joinder of the National Judicial Council (NJC) as a respondent. The judge observed that none of the applicant’s affidavit or reliefs disclosed any claim against the NJC.
“Joining the 3rd respondent (NJC) herein is not enough. The applicant must show in his affidavit or reliefs claims against the 3rd respondent, else this court will decline jurisdiction,” the court ruled, relying on Supreme Court authority.
The suit, marked FHC/ABJ/CS/1303/2025, listed the Imo State Governor, the Attorney-General of Imo State, and the NJC as 1st to 3rd defendants. Filed on 2 July 2025, the action sought an order of mandamus compelling the governor to appoint the most senior judge of the state’s High Court as Acting Chief Judge, in line with Section 271(4) of the 1999 Constitution (as amended).
Nwadike argued that the NJC had, by letters dated 30 April and 26 June 2025, directed the governor to comply with constitutional procedure, but that the governor allegedly remained in defiance.
Justice Umar, however, found that the NJC had already discharged its constitutional responsibility and had no further role to play.
“A careful perusal of the affidavit in support of the motion ex parte, specifically Paragraphs 9 and 10, shows that the 3rd respondent has already discharged its mandate. Its joinder was merely to confer jurisdiction on this court,” the judge held.
Accordingly, the court struck out the suit for want of jurisdiction.
